Answer Indiana Court Summons: Debt Collection Guide

A creditor or debt collector filed a lawsuit against you. You need to respond or risk losing automatically. Filing an answer protects you from a default judgment. The process takes effort, but you can handle it.

Indiana courts don’t provide many online resources. The court clerk can help you navigate the process. You have 20 days to file your answer.

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How Debt Collection Lawsuits Work in Indiana

Debt collectors exhaust other methods before suing. When calls and letters fail, they file a lawsuit. The court system depends on your location and debt amount.

Marion County residents sued for $10,000 or less may face small claims or superior court. Outside Marion County, superior courts typically handle these cases. Small claims courts are less formal and easier to navigate without an attorney.

Check your court summons to identify which court is handling your case. Our partner Solo has helped over 300,000 people respond to debt lawsuits successfully.

Understanding Your Summons and Complaint

A court summons notifies you of the lawsuit officially. It lists the court name, plaintiff (person suing you), and your response deadline. You’re the defendant. Mark your deadline immediately.

The complaint accompanies your summons. It lists numbered claims against you. One paragraph states the alleged debt amount. The complaint also specifies what the debt collector wants from the court.

Debt collectors typically seek a judgment. A judgment grants them collection powers. They can garnish your wages or levy your bank account. Responding to the lawsuit stops this from happening automatically.

How To Respond to Your Indiana Court Summons

You must file an answer or appearance within 20 days. You also deliver a copy to the plaintiff. A Certificate of Service proves you completed this step.

Step 1: File Your Answer Within 20 Days

Indiana doesn’t provide standardized answer forms online. Contact your court clerk for guidance. Ask about local forms and filing procedures. Visit the courthouse in person if possible.

The clerk provides forms specific to your court. Some courts have simple answer templates. You admit claims you agree with and deny the rest. Failing to deny a claim equals admission under Indiana rules.

Include a Certificate of Service with your answer. Sign and date it to confirm you sent the plaintiff a copy. The clerk explains proper service requirements for your court.

Step 2: Raise Your Affirmative Defenses

Debt collectors make mistakes. They violate laws. They sue on debts they can’t prove. You can raise defenses regardless of whether you owe the debt.

An affirmative defense is a legal reason to dismiss the lawsuit. Include these defenses when you file your answer. Ask the court clerk how to format them properly.

Common defenses in debt collection cases include:

The debt exceeded the statute of limitations
Identity theft occurred and the debt isn’t yours
You already paid the debt
The plaintiff served papers improperly
You filed bankruptcy and the automatic stay protects you
The debt collector violated the Fair Debt Collection Practices Act

Affirmative defenses require evidence. Gather your original debt contract, communications from collectors, credit reports, or bankruptcy documents. Bring copies to court.

When To Skip Raising Defenses

Always answer the lawsuit. But affirmative defenses aren’t always necessary. They create additional work. You’ll collect evidence and explain your reasoning to the judge.

Without affirmative defenses, the plaintiff carries the burden of proof. They must prove you owe the debt. Raising defenses shifts some burden to you.

Talk to a volunteer attorney if you’re unsure. Legal aid agencies can help you decide your best approach. See the resources at the end of this article.

Step 3: Deliver Your Answer to the Plaintiff

The plaintiff must know you responded. Send them a copy of your answer by first-class mail. Email works if the court allows it. The summons or complaint lists the correct address.

File your Certificate of Service with the court. You’re attesting that you properly served the plaintiff. The clerk can confirm the exact requirements for your court.

What Happens After You File Your Answer

The court schedules a hearing. You’ll receive notice of the date, time, and location. Some hearings happen online. Others require in-person attendance.

Prepare for your hearing carefully. Arrange time off work. Secure childcare if needed. Bring all documentation supporting your case. Arrive early and dress professionally.

What Happens If You Ignore the Lawsuit

Debt collectors win in two ways. They win by default when you don’t respond. They win by proving you owe the debt in court.

Default judgments are easy for collectors. They file the case and wait. You don’t answer. The court grants judgment automatically. They can now garnish your wages and freeze your bank accounts.

Proving the debt is much harder. Many debt collectors file lawsuits with no intention of fighting. They expect default judgments. Our partner Solo can help you respond and fight back.

Simply answering the complaint often scares collectors off. It shows you’re serious. Even if they continue, you’ve made them work for it. You’ve increased your chances of winning or settling favorably.

Handling a Default Judgment Already Issued

The court issued a default judgment against you. You didn’t respond in time or missed a hearing. You still have options.

File a Motion To Set Aside Judgment within one year. You must show improper service or “mistake, surprise, or excusable neglect.” The judge decides what qualifies. Serious illness might count. Willful ignorance doesn’t.

Setting aside a judgment reopens your case. Prepare to file an answer and attend hearings. Raise your defenses and gather your evidence. You’ll get another chance to fight.

Get Legal Help in Indiana

Indiana Legal Help connects you with free or low-cost legal assistance
Indianapolis Legal Aid Society serves low-income Marion County residents
Indiana State Government provides self-representation resources
Our partner Solo drafts your answer in 15 minutes with a money-back guarantee

Frequently Asked Questions

What is an answer to a court summons in Indiana?

An answer is your written response to a debt collection lawsuit. You file it with the court within 20 days to admit or deny the claims against you. You must also send a copy to the plaintiff and file a Certificate of Service with the court.

How do I file an answer to a debt lawsuit in Indiana?

Contact your court clerk to get the proper forms and filing instructions. Indiana courts don't provide standardized forms online. Visit the courthouse in person if possible to complete paperwork. File your answer with the court and serve a copy to the plaintiff within 20 days.

What happens if I don't respond to a debt collection lawsuit in Indiana?

The court will issue a default judgment against you automatically. The debt collector wins without proving anything. They can then garnish your wages or levy your bank accounts. Always respond to avoid default judgment, even if you owe the debt.

Can I set aside a default judgment in Indiana?

Yes, you can file a Motion To Set Aside Judgment within one year of the ruling. You must prove improper service or show mistake, surprise, or excusable neglect. The judge decides whether your reasons qualify. Setting aside a judgment reopens your case.

What defenses can I raise in an Indiana debt collection lawsuit?

Common defenses include statute of limitations expiration, identity theft, already paid debt, improper service, bankruptcy automatic stay protection, and FDCPA violations. You can raise defenses whether you owe the debt or not, but you must provide supporting evidence.

How To Answer an Indiana Court Summons for Debt Collection